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Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......ducted the post-mortem examination on the body of the deceased and P.W.7 S.I. Md. Anowar Hossain and P.W.8, S.I. Abul kalam Azad Investigating Officers of the case. The defence case as it transpire from the trend of cross-examination and suggestion put to the P. Ws. is of innocence and that they...... where husband is to be considered main perpetrator of the crime observing that in such crime against newly wedded woman generally committed within the four walls of the house maintaining secrecy, independent witnesses or direct evidence is scarcely available to the prosecution. The High Court D......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..Category: Criminal Law | Date: | Hits: 96
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ......h C.S. Khatians and the circumstances proved beyond doubt that during C.S. operation Debicharan was dead and his father Mritunjoy was alive and such findings of the appellate Court does not suffer from any infirmity or misreading or non-consideration of material evidences; that the High Cou......rned Advocate, appearing for the petitioners submitted that the appellate Court below by traversing all the material issues on facts and law reversed the findings of the trial Court and came to its independent findings that the plaintiff failed to prove that Debicharan died after his father'...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ..Category: Property Law | Date: | Hits: 27
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......hy;tiffs also filed an application under Order 39, Rule and 2 read with Section 151 of the Code of Civil Procedure praying for temporary injunction restraining the defendant No.1 and 6 from disturbing the peaceful possession of the homestead and from demolishing their latrine of brea......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ..Category: Property Law | Date: | Hits: 22
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ...... defendant No.1 contested the suit by filing written statement denying the material allegations made in the plaint and contending that the suit land was acquired by the fund which he got from his father in law and also out of the income from his business and that he provided accommodat......the suit land, is entitled to the decree sought. 5. As it appears the High Court Division discharged the Rule holding that evidence on record shows that the plaintiff did not adduce any independent witness to prove the fact that the suit land was acquired by the fund of the joint fami...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ..Category: Property Law | Date: | Hits: 22
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......s no basis selecting the writ petitioner and others for omnibus termination in disregard of the recommendation of the five members committee approved by the BJMC Board, that there is no explanation from the side of BJMC why the writ petitioner "shall not be made beneficiaries of a long stan......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 61
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
.... the said Ain was mentioned in F.I.R. and during investigation materials in support of the above allegation duly came forth and in statement under Section 22 of the Ain above allegation got further corroboration in specific manner. It manifestly appears that there is legal bar against conti......after on the basis of G.D.E the Police of Sonargoan Police Station under Narayangonj District on getting secret information searched the house of the witness No.7 and recovered the victim from the custody of accused No.5 and 6, the tenants of the witness No.7 and moreover, the Police St......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ..Category: Criminal Law | Date: | Hits: 52
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ...... suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the rightful owner of the suit property which he got by purchase from the proforma defendant No.2 vide Sale Deed Nos. 214001 dated 28.8.1969 and 21960 dated 9.9. 19......separate family before five years from 16th day December, 1971 as the proviso of section 2(b) shows that the person Lawyers being an adult and married who having been living in separate mess independently continuously since before 20th day of February, 1972 with his wife, son and oth&......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......aw, Justice and Parliamentary Affairs issued the License of Nikah Registrar in favour of the respondent No.1 and before taking appointment the respondent No.1 obtained some letter of recommendation from the then member of Parliament namely, Mr. Redwan Ahmed, besides the respondents by creating so......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ..Category: Civil Law | Date: | Hits: 99
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ...... the land in question falls within the Gulshan Lake and as such the question of permission to treat the plot as residential one is in every respect detrimental to the public interest and also from the point of environment. 6. It was contended that several plots and necessary roa......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......paddy and the common object of killing of the three victims of the complainant party could not be proved because of the fact that the alleged occurrence admittedly took place at a different place from the said paddy field. which was an independent act of each of the accused and distinct offenc......the three victims of the complainant party could not be proved because of the fact that the alleged occurrence admittedly took place at a different place from the said paddy field. which was an independent act of each of the accused and distinct offence, so the act of killing of the said thr......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......nk of Mollakhali Khal being hot-pursued by these three accused persons. Some local people including P.W.7, who were on the southern bank of the khal at that time, shouted at them and dissuaded them from assaulting Amjad. At this the accused Mokhter and Sohrab discontinued the chase, but accused ......s suggestion strengthens the prosecution case. P.W 7 said that he and two others, who were standing on the other bank of the Khal, dissuaded the accused persons from assaulting Amjad. P.W. 7 is an independent witness. He has supported P.Ws. 1, 2, 5 and 9 saying that the assault took place just o......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ..Category: Criminal Law | Date: | Hits: 44
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......ent and Order dated 16-11-94 passed by the High Court Division in Civil Revision No. 765 of 1990) Judgment Mustafa Kamal J.- This appeal by leave by defendant Nos.1 and 3 appellants is from the judgment and order dated 16-11-93 passed by a learned Single Judge of the High Court Divi...... and also other lands of khatian No. 46 to various persons. In view of the fact that the defendants admit Azhar Ali's share in plot No.197, khatian No. 3 and in view of the fact that Azhar Ali had independent title to .83 acres of land in khatian No.46 the appellate Court below, contrary to the ......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..Category: Property Law | Date: | Hits: 33
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ...... School committee late Newaz Ali handed over a Cheque No. 5075365 date 9-9-1993 signed both by him and then Headmaster Ali Badsha, to the accused to withdraw Taka 65,765 from the A/C No. 674 of the Khas Mohal Baluchar High School from Sonali Bank of Baluchar Branch; tha......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ...... 1993. The complainant could not prove that the salaries and wages of the teachers and staff of the School for July, August and September, 1993 were not paid or paid by any other cheque or from any source. 11. It appears from another register of the said School that a meeting was held on ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......the union protection is given to other countries of the union. 5. He further submits that under Article 6(2) once a mark is registered in one country of the union a period of at least five years from the date of registration shall be allowed for requesting cancellation of such a mark. The petit......r or defect in entering the register inasmuch as section 37 of the Trade Marks Act has no manner of application in the instant case. The learned Counsel has further submitted that Bangladesh being an independent country has the sovereignty to legislate any law and under the provision of Article 145 ......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610....... by leave at the instance of the Secretary, Ministry of Law and Justice and Parliamentary Affairs arises out of a proceeding under the Administrative Tribunals Act, 1980 (Act No.VII of 1981) and is from judgment and order dated 27.11.1993 passed by the Administrative Appellate Tribunal, Dhaka in A......bunal." 7. Leave was granted to consider the submission that both the Tribunals below fell into an error in overlooking completely that the impugned action was taken against the respondent upon an independent enquiry under the aforesaid Rules of 1976 in which the District Judge who passed the imp......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......ce of occurrence has been shifted which leads to gross benefit of doubt entitling the petitioner's acquittal; that two of the four accused namely Majibur Rahman and Abul Hossain and the petitioners from the front and other two of them from the back allegedly held the victim clasped in hand which......s. The learned Advocate further submitted that out of 21 charge sheet witnesses prosecution examined as many as 14 witnesses and the prosecution has failed to examine the rest 7 important neutral, independent and disinterested witnesses mentioned in the charge sheet without assigning any cogent ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....ncoction of the prosecution case and accordingly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence by disinterested and independent witnesses to establish the truth by extr......eeding towards the Upazilla Office for the purpose of correcting voter list and reached near the turn of B.M.C. College Road accused respondent with others first took them to the college field and from there took his two sons to the college canteen where they were assaulted by the accused. Mamun......ly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence by disinterested and independent witnesses to establish the truth by extrication of consequential and possible concoctio...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ...... Struck out vide Court's order dated 12.12.96. - Respondent No. 2. Civil Appeal No. 25 of 1994 (From the Judgment and Order dated 16.7.91 passed by the High Court Division in Appeal from Original Decree No. 22 of 1981) Judgment A. M. Mahmudur Rahman J. - This appeal b......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... three Appeals Civil Appeal Nos. 65, 66 and 67 of 1997 have been preferred, following a common order of granting leave, by the same respondent appellant, Bangladesh Road Transport Corporation, from three separate judgment and order, all dated 12.5.96, passed by a Division bench of the High ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
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